The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-11-30
THOSE LAND GRANTS
DISCUSSED nY Mn. LAMAR

D1scUssED BY Mr.. LAMAn
In His Annual Report--A First.rnts Demo.
cratic Campaign Document, tho Import.
ant Features OF Which tho Secretary
| Takes Some Pains to Bring Out.
WARRINGTON, D. O.. Nov. 29.-One OF
tho most important features Of Secretary
Lamar's forthcoming annual report Ia the
part which relatca to the adjustments OF
railroad land grants. He has to-day re.
ceived this part Of his report from the
public printer, and II reads as iollowo:
Shortly after my appointment to the
position now have the honor to hold and
% became somewhat familiar with the
public land sysseni, it's Organization, and
the workings thereof, became more and
moro impressed with the fact that tho
public domain WAS being diverted from its
legitimate purpose and converted to OBJ.
jecls, the inevitable effects OF which were
repugnant to the entiro theory on which
the land system was based.
Apart from the methods OF illegal ap.
preparation Of the public domain effected
through the perveIslon Of the several laws
ior acquiring title thereto, became con.
vincsd that the administration of Con.
greasional grants OF lando 10 wagon and
railroads had given rise to enormous
abuses. CoIgreeB had not only made
grantg, which In some instances exceeded
In extent the area OF half dozen Of the
largest and moat populous ststea OF the
Union, but in addition provided that any
lossos Of lands within the granted limits
ahould be satiefsd by selec!ions OF lands
within other and adjoining lmits, thus
nearly doubling the area Of the original
grants. Under these acts the Land De-
pastment had withdrawn from public ap.
preparation not only, the granted limits as
required by laT but also the lands
within the indemnify limits with requeat
Of the grantee companies. Thus enor-
mons quantities OF the public land we're
held In reservation to suit the convenience
OF the respective corporations in the con-
etrucsion ot their roads, the selection OF
lta lands, and the uncertain adjustments
OF tho SfsntO Dy the department. I do
not for u moment mean to question the
wisdom Of aidiug in the construction of
railroads. That policy was at tho time
wise one, but in tho light OF experience it
may well 5e asked whether 1t would not
have baeu wiser to have aided these great
enterptiees' otherwise than by grants OF
tho public domain. Though much good
has been wrought, certain 1t is that tho
legislation by which these vGst territories
passed under the dominion Of railroad
compGaies gave On incurahle wound to
the horea.ead scheme before thai echene
had fair opportunity for displaying ita
bent fis:ont e!fecta. -
Ate. commenting at length upon the
history oil land grant legislation, the Sec.
retary thue alludes to tho celabreted
GuILFoRD MILLER CASE:
One euch case where hardship and in.
Justice were about 10 be inflicted under
tho laT came under your obnerva.ion.
Guiliord Miller settled upon land after
yard eelacsed end claimed By Inc North.
ern Pacific Rnil,osd Company to be With
in the w;:hdra Sal for indemnity prrpoeea.
Same doubt sriting as to the legality oil
thss withdIsHs', the caao was referred to
| the Attorney General for his opinion on
tho q iaation OF law. That officer held
that the withdrawal was legal, and
that during ita exletence Miller
could ccquiro no right or title to the
tract claimed by him and on which he
lived. Whils! recognizing the correctness
of the law you saw the injustice OF the
cHse so far as tho individual ee,tler was
affected; and that hundreds OF others
were similarly situated. who might and
would be affected; and you directed that
euch gronts should be go administered by
this department as, il possible, to protect
theae sottlers from such injuetice, stating
your belief "that this can be done under
the provision which declares that these
selections shall bo made, under the direc.
ton Of the Secretary OF the Interior"
The report then reviews at great length
the workiuga of the law pussed March 81,
1887, whereby the Secretary Of the Inte.
rior wes directed to adjust each of the rail.
road land grants. -g.-.g
10 Eaye: "With an earneet desire to
obsy tho mandate Of Congress to give to
the corporations their every right under
the laws, and ct the same time follow the
directions given by you to see that ample
protection should be extended to aettlers
and those scekiDg to make aettlement on
the public lands. l entered upon most
careful consideration OF the whole subject
and concluded that If the Department
vas clothed with authority to make
indemnity withdrawals, as had been done
in 80 many instances, the exercise of that
authority was a matter entirely within
oound discretion md not matter of legal
obligation in any respect; and that the
most elective way of expedlting an adj.
ljuasnent OF: tho land grants, aud doing
exact justice 10 tho companies and guard.
ing and promoting tho interests oi the sat.
tiers alao, was to permit the public TO en-
ter into composition With the companies
in the aslect!on Of lands heretofore with.
drawn forindemuity purposes. According.
ly on May %, 1885,, with your approval rules
were laid upon tho different companies
for whose bsne6!s withdrawala had been
made to chow cause by certain day why
ssid Withdrawals should not be revoked.
Some of the companies failed to show
causs and others filed answers 'asssnting
to tho revocation, as they had received
satisfaction Of the grant either in full 80
Il far as possible and others aanonted on con-
Idition that lands covered by selections al.
roady made should be excepted from the
order of revocation and other companies
lobjected to the order Of revocation as il.
Illegal and &c violation OF chartered rights,
/ Ny views were fully expressed in de-
lcieion rendered in the case OF the Atlantic
and Pacific Railroad Company, which, by
ansTer aud argument, raised nearly all
tho objections that we're presented in part
only by number of other companies,
The orders withdrawing the lands within
the indemnity limits and reaerving the
same from settlement were revoked and
tho lands restored to the public domain
and to settlement; first, in cases of the two